CU-Boulder student charged with 18 felonies, suspended from school in pot brownie case

Thomas Ricardo Cunningham, left, appeared in court with his attorney Phil Bienvenu at the Boulder County Jail on Wednesday December 12, 2012. (Cliff Grassmick / Daily Camera)

Boulder prosecutors charged Thomas Ricardo Cunningham, one of the two University of Colorado students accused of sickening a professor and seven classmates last week with pot-infused brownies, with 18 felonies on Wednesday -- and the 21-year-old's attorney revealed he has been suspended from school.

Cunningham's co-defendant, Mary Elizabeth Essa, 19, is due in court Thursday, and court records indicate she will be charged with identical counts.

The two CU students each face eight counts of second-degree assault and eight counts of inducing the consumption of a controlled substance, one count of each charge representing each victim, as well as one count each of conspiracy to commit second-degree assault and conspiracy to induce consumption of a controlled substance because they are alleged to have worked together.

Mary Essa (Boulder County Sheriff's Office)

They originally were arrested on just four felony counts apiece.

"We reviewed the facts and filed the charges that my deputy felt were appropriate," Boulder County District Attorney Stan Garnett said following Cunningham's court appearance Wednesday. "Both defendants will get good representation and will work with my prosecutors to find a just resolution."

According to Colorado statute, a person commits second-degree assault if "for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing intended harm."

A person commits inducing consumption of a controlled substance by "surreptitiously or by means of fraud, misrepresentation, suppression of truth, deception, or subterfuge, to cause any other person to unknowingly consume or receive the direct administration of any controlled substance."

Cunningham and his attorney, Philip Bienvenu, declined to comment on the case after his appearance at the Boulder County Jail's courtroom.

According to police and court records, Cunningham and Essa brought marijuana-laced brownies to their history class Friday as part of "bring food day," but did not tell anyone else in the class that the brownies were laced with THC, the active ingredient in marijuana.

Later that day, assistant professor Celine Dauverd and several students complained of symptoms including dizziness, anxiety and loss of consciousness. Dauverd and two students were hospitalized after ingesting the brownies.

CU police said both Cunningham and Essa have admitted the brownies contained marijuana.

During Wednesday's hearing, Bienvenu told Boulder County Judge Noel Blum that Cunningham has been suspended from CU and will not return to school in the spring.

CU's spokesman could not be reached Wednesday afternoon to confirm details of Cunningham's suspension or say whether Essa, too, has been suspended.

Bienvenu added that he plans to file motion to amend Cunningham's bond to allow him to leave the state and return home where he could be "supervised."

Cunningham and Essa each are free on $5,000 bond.

Each of the second-degree assault charges, Class 4 felonies, carries a possible prison sentence of two to six years, while the inducing consumption of a controlled substance charges and the conspiracy charges, all Class 5 felonies, carry possible prison sentences of one to three years each.

Cunningham waived a status conference and the case is scheduled for arraignment on Jan. 25.

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